Ohio Lawmakers Weighing New Hemp Regulations in Wake of Court’s Halt on DeWine’s Ban

Ohio lawmakers appear poised to take a step toward legislative action on intoxicating hemp products this week following Gov. Mike DeWine’s attempt to ban sales through an executive order.

The House Judiciary Committee approved a substitute version of Senate Bill 56 on Tuesday after years of testimony and debate, sending the measure toward a potential House floor vote as soon as Wednesday.

The legislative move comes after Franklin County Common Pleas Court Judge Carl Aveni issued a temporary restraining order Oct. 16 blocking DeWine’s ban, which the governor signed the previous week. Aveni said that he was concerned that the governor was creating “new definitions” about what constitutes intoxicating hemp that don’t exist in state law. Since the legalization of recreational marijuana, a wide variety of hemp products containing low levels of THC — including candy, gummies, chocolate and drinks — have appeared at retailers throughout the state. DeWine has consistently pushed the General Assembly to enact restrictions on both hemp and marijuana products, but lawmakers have been unable to reach consensus on permanent legislation.

Judge Halts Ohio Intoxicating Hemp Ban

A Franklin County judge issued a ruling Tuesday to temporarily block Gov. Mike DeWine’s executive orders banning the sale of intoxicating hemp in the state of Ohio. DeWine’s orders, signed on Oct. 8, gave the Ohio Department of Agriculture (ODA) the authority to change the state’s administrative definition of what counts as hemp, with the directive to exclude intoxicating hemp products that contain delta-8, THCA, or similar psychoactive cannabinoids. He also signed an order requiring that retailers get rid of their unsold intoxicating hemp products.

Those orders, effective Tuesday, were challenged in the Franklin County Court of Common Pleas last week by three retailers, including Fumee Smoke and Vape in West Chester Twp. Plaintiffs in the case against DeWine and ODA argued that the governor’s attempt to unilaterally regulate intoxicating hemp usurps the legislature’s power and conflicts with settled Ohio law that legalized hemp products and defined hemp as any part of the cannabis plant that contains less than 0.3% delta-9, the psychoactive compound in marijuana that’s most commonly known as THC.

Governor DeWine Authorizes Ohio Board of Pharmacy to Adopt Emergency Rule Legalizing Tools to Prevent Drug Overdoses

Ohio Governor Mike DeWine recently signed Executive Order 2025-04D to suspend the normal rulemaking process to allow the Ohio Board of Pharmacy to adopt a rule allowing expanded access to tools to prevent drug overdoses. In addition to test strips and reagent kits for fentanyl, the rule, OAC 4729-8-02, exempts tests for the following compounds from the definition of drug paraphernalia under Ohio law:

• Xylazine;
• Medetomidine;
• Benzimidazole-opioids (commonly referred to as nitazenes); and
• Benzodiazepine and benzodiazepine-related compounds.

Drug test strips and reagent kits serve as crucial tools in harm reduction efforts, allowing users to test substances for the presence of certain substances that are contributing significantly to overdose fatalities.

This rule is made possible by a recent change to Ohio law that was passed by the Ohio General Assembly and signed by Governor DeWine earlier this year.  It allows the Board of Pharmacy to exempt certain instruments from the definition of drug paraphernalia if the Board determines the instrument demonstrates efficacy in reducing drug poisoning by determining the presence of a specific compound or group of compounds.

The Ohio Council Welcomes New Provider Member, Restore at A Ray of Hope

Restore at A Ray of Hope in Batavia, OH - Yvonne Fernandez, CEO can be reached at [email protected] or by phone at (513) 409-3635. Restore at A Ray of Hope provides SUD Assessments, Individual Therapy, Group Therapy, Case Management, 12-Step Program, Intensive Outpatient, MAT (Medicated Assisted Treatment), Mental Health Services, Psychiatric Services, and Addiction Counseling to Warren, Hamilton, Brown, Clinton, Montgomery, Adams, Clermont, and Butler Counties. 

You can learn more about Restore at A Ray of Hope here!